NCJ Number
217493
Date Published
2006
Length
438 pages
Annotation
This textbook offers general information regarding the civil liability process as it affects police and correctional situations.
Abstract
The text includes a consideration of pertinent legal issues, civil liability trends and patterns, policy and procedural issues, liability related to training, and individual officer and administrative responsibilities. The text integrates U.S. Supreme Court and lower court decisions to illustrate the application of different types of civil liability cases to police and correctional situations. The opening chapters provide an overview of civil liability and the foundations for civil liability among criminal justice personnel. Liability under tort law, which allows for recovery for personal injury, is discussed along with State and Federal civil rights laws, criminal liability, and administrative liability. The chapter that deals specifically with civil liability under State and Federal tort law discusses the types of liability actions that may be brought against criminal justice personnel arising from, for example, breach of duty, negligence, failure to protect, false arrest and imprisonment, and malicious prosecution. Section 1983 litigation, which arises from allegations involving deprivations of constitutional rights by local officials, is specifically addressed, including its historical and contemporary use and the methods used to bring this type of action against criminal justice personnel. The legal defenses and immunities to civil litigation are considered as well as methods for reducing civil liability exposure through the careful implementation of risk management strategies, such as risk avoidance, loss reduction, and the segregation of resources. Potential liability issues for administrators and supervisors who direct criminal justice employees are examined, including the specific theories of supervisory liability: (1) negligent hiring; (2) negligent assignment; (3) negligent entrustment; (4) failure to direct; (5) failure to supervise; (6) failure to discipline; and (7) failure to train. The text also specifically addresses the use of force in law enforcement and corrections, wrongful custodial death, and the operation of criminal justice agencies under a consent decree. Figures, references, cases, index